479 



ties of fishing gear ; 



(3) establish specified limitations on the catch 

 of fish (based on area, species, size, number, 

 weight, sex, incidental catch, total biomass, or 

 other factors) , which are necessary and appro- 

 priate for the conservation and management of 

 the fishery ; 



(4) prohibit, limit, condition, or require the use 

 of specified types and quantities of fishing gear, 

 fishing vessels, or equipment for such vessels, in- 

 cluding devices which may be required to facili- 

 tate enforcement of the provisions of this Act; 



(5) incorporate (consistent with the national 

 standards, the other provisions of this Act, and 

 any other applicable law) the relevant fishery 

 conservation and management measures of the 

 coastal States nearest to the fishery; 



(6) establish a system for limiting access to the 

 fishery in order to achieve optimum yield if, in 

 developing such system, the Council and the Sec- 

 retary take into account — 



(A) present participation in the fishery, 



(B) historical fishing practices in. and de- 

 pendence on, the fishery, 



(C) the economics of the fishery, 



(D) the capability of fishing vessels used in 

 the fishery to engage in other fisheries, 



(E) the cultural and s(x;ial framework rele- 

 vant to the fishery, and 



(P) any other relevant considerations ; and 



(7) prescribe such other measures, require- 

 ments, or conditions and restrictions as are deter- 

 mined to be necessary and appropriate for the 

 conservation and management of the fishery. 



(c) Proposed Regulations. — Any Council may 

 prepare any proposed regulations which it deems 

 necessary and appropriate to carry out any fishery 

 management plan, or any amendment to any fish- 

 ery management plan, which is prepared by it. Such 

 proposed regulations shall be submitted to the Sec- 

 retary, together with such plan or amendment, for 

 action by the Secretary pursuant to sections 304 and 

 305. 



(d) Confidentiality of Statistics. — Any statis- 

 tics submitted to the Secretary by any person in 

 compliance with any requirement under subsection 

 (a) (5) shall be confidential and shall not be dis- 

 closed except when required under court order. The 

 Secretary shall, by regulation, prescribe such proce- 

 dures as may be necessary to preserve such confi- 

 dentiality, except that the Secretary may release or 

 make public any such statistics in any aggregate or 

 summary form which does not directly or indirectly 

 disclose the identity or business of any person who 

 submits such statistics. 



SEC. 304. ACTION BY THE SECRETARY. 



(a) Action by the Secretary After Receipt of 

 Plan. — Within 60 days after the Secretary receives 

 any fishery management plan, or any amendment 

 to any such plan, which is prepared by any Council, 

 the Secretary shall — 



( 1 ) review such plan or amendment pursuant 



to subsection (b) ; and 



(2) notify such Council in writing of his ap- 

 proval, disapproval, or partial disapproval of 

 such plan. or amendment. 

 In the case of disapproval or partial disapproval, 

 the Secretary shall include in such notification a 

 statement and explanation of the Secretary's ob- 

 jections and the reasons therefor, suggestions for 

 improvement, a request to such Council to change 

 such plan or amendment to satisfy the objections, 

 and a request to resubmit the plan or amendment, 

 as so modified, to the Secretary within 45 days after 

 the date on which the Council receives such 

 notification. 



(b) Review by the Secretary. — The Secretary 

 shall review any fishery management plan, and 

 any amendment to any such plan, prepa'red by any 

 Council and submitted to him to determine whether 

 it is consistent with the national standards, the 

 other provisions of this Act, and any other appli- 

 cable law. In carrying out such review, the Secre- 

 tary shall consult with — 



(1) the Secretary of State with respect to for- 

 eign fishing; and 



(2) the Secretary of the department in which 

 the Coast Guard is operating with respect to 

 enforcement at sea. 



(c) Preparation by the Secretary. — The Secre- 

 tary may prepare a fishery management plan, with 

 respect to any fishery, or any amendment to any 

 such plan, in accordance with the national stand- 

 ards, the other provisions of this Act, and any other 

 applicable law, if — 



(A) the appropriate Council fails to develop 

 and submit to the Secretary, after a reasonable 

 period of time, a fishery management plan for 

 such fishery, or any necessary amendment to 

 such a plan, if such fishery requires conservation 

 and management; or 



(B) the Secretary disapproves or partially dis- 

 approves any such plan or amendment, and the 

 Council involved fails to change such plan or 

 amendment in accordance with the notification 

 made under subsection (a) (2) . 



In preparing any such plan or amendment, the 

 Secretary shall consult with the Secretary of State 

 with respect to foreign fishing and with the Secre- 

 tary of the department in which the Coast Guard 

 is operating with respect to enforcement at sea. 



(2) Whenever, pursuant to paragraph (1), the 

 Secretary prepares a fishery management plan or 

 amendment, the Secretary shall promptly transmit 

 such plan or amendment to the appropriate 

 Council for consideration and comment. Within 45 

 days after the date of receipt of such plan or 

 amendment, the appropriate Council may recom- 

 mend, to the Secretary, changes in such plan or 

 amendment, consistent with the national stand- 

 ards, the Qther provisions of this Act, and any other 

 applicable law. After the expiration of such 45-day 

 period, the Secretary may implement such plan or 

 amendment pursuant to section 305. 



(3) Notwithstanding paragraph (1), the Secre- 

 tary may not include in any fishery management 

 plan, or any amendment to any such plan, pre- 



